Jurisprudence Law at Chad
Chad's legal system is a blend of French civil law and Chadian customary law, reflecting its colonial history and indigenous traditions. The judiciary is constitutionally independent, with several key institutions overseeing various aspects of law and justice in the country.
⚖️ Legal Framework and Judicial Structure
Constitution: The 2015 Constitution of Chad serves as the supreme law, guaranteeing fundamental rights such as life, liberty, and security. It also ensures the presumption of innocence and protection from torture and arbitrary detention .
Constitutional Council: Established by Title VII of the Constitution, the Constitutional Council judges the constitutionality of legislation and treaties in Chad. It consists of nine judges who are elected to 9-year terms .
Supreme Court: The Supreme Court is the highest jurisdiction of Chad in judicial, administrative, and tributary fields. It is composed of 16 members, with the Chief Justice selected by the Head of State among the highest-ranking judges of the country. The Court is divided into three chambers: judiciary, administrative, and auditing matters .
High Court of Justice: This court is competent to try the President of the Republic and Members of the Government in case of high treason. It is composed of 15 members, including 10 Deputies, 2 members of the Constitutional Council, and 3 members of the Supreme Court .
📜 Sources of Law
Sources of law in Chad include:
Constitution: The supreme law of the land.
International Treaties: Treaties ratified by Chad.
Acts of Parliament: Laws enacted by the National Assembly.
Regulations and Decrees: Executive orders and regulations.
Customary Law: Indigenous laws applied where they do not conflict with public order or constitutional guarantees of equality .
🏛️ Judicial Independence and Administration
The judiciary is independent from the Executive and the Legislature. Judges remain in function on a permanent basis and are only subject to the law in the exercise of their function. The administration of the judiciary, including the appointment, promotion, discipline, and responsibility of judges, is the responsibility of the High Council of the Judiciary (HCJ). The HCJ proposes judges to the President for appointment and promotion. The Council is chaired by the President of the Republic, with the Minister of Justice and the Chairperson of the Supreme Court respectively as first and second Vice-Chairs. The other members of the HCJ are judges elected by their peers .
📚 Legal Education and Research
There are ten public universities in Chad, of which seven have a faculty of law:(
None of these universities have a functional law reporting system. However, the Chadian Legal Database (Banque tchadienne des données juridiques), hosted by the Center for Development Study and Training (Centre d’étude et de formation pour le développement – CEFOD), manages Legitchad, an online compendium of Chadian legal documents, including laws, codes, decrees, and the Chadian Law Review (Revue juridique tchadienne) .
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